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Colorado Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Colorado on
Q: My ex and I have 50/50 decision making and I am supposed to pay 60% of daycare but I cant afford it. What can I do?

I have asked about making a change to daycare and offered 4 different solutions and offered to hear any solutions she has as well. She refuses to work with me but I literally can not afford to keep paying. Can I stop paying if she wont work with me on it since we have split decision making? Do I... View More

Dorothy Walsh Ripka
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Dorothy Walsh Ripka
answered on Oct 1, 2024

Hello.

First an attorney can not advise you to violate an order or not comply in conformity with the order.

Second, you need to review your order regarding mutual selection of child care and determine if it is a major decision as it relates to joint decision making and if you need...
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3 Answers | Asked in Bankruptcy, Estate Planning, Family Law and Medical Malpractice for Colorado on
Q: If an ailing parent becomes my dependent what is my legal obligation to their financial debts? Medical, credit and other
Timothy Denison
Timothy Denison
answered on Oct 1, 2024

None. You are not obligated to pay any of their bills or expenses with your own money.

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0 Answers | Asked in Family Law, Real Estate Law, Civil Litigation and Domestic Violence for Colorado on
Q: Can my boyfriend file for a partition action would be possible to remove his violent brother off the deed of the house?

My boyfriend is seeking a partition action, preferably by appraisal instead of sale to remove his brother he co-owns the house with off the deed so that he can live safely. His brother would never agree to sell the house, move out or do a quitclaim, so my boyfriend is seeking a partition action to... View More

0 Answers | Asked in Family Law and Collections for Colorado on
Q: Is this legal and do i have any rights in dealing with this? With a supposed judgment already ordered is a lawyer needed

I received a court order to provide my financials to a creditor for my deceased wifes medical expenses from 2017. Its now 2024 and she passed away in Feb.of this year. I never received a summons for court but the creditor says they got a jjudgment against me for her debt in April of this year. The... View More

0 Answers | Asked in Domestic Violence and Family Law for Colorado on
Q: Can I file for a protection order for my son against his father if my son was a witness to dads domestic violence?

Domestic violence was in another state my son was with dad at the time but lives with me full time in Colorado. Dad has pending charges against him for dv and charges violating a different protective order and possible pending child abuse charges against his gf kids. I also have a protective order... View More

2 Answers | Asked in Family Law for Colorado on
Q: Will I be in trouble for not paying attorney fees ordered by judge to other party? Is there a CO family code 2030?

My child was sick over night on the day I had court hearing with her father. I provided the court with a doctor’s note and I submitted a motion immediately the morning of. But I continue to be ordered to pay. Plus, I cannot afford to pay it. My outcome is more than my monthly income.

Cindy Perusse
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Cindy Perusse
answered on Sep 6, 2024

Bottom line is a court order has to be followed. Will you be thrown in jail? No. The other party who was awarded fees would have to be the one to file a motion for contempt if he or she chooses that route. The other way people enforce a judgement for fees is to do what anyone else does to... View More

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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: If I am filing an uncontested divorce, is there a lawyer who can at least look over the paperwork prior to filing?

We don’t have assets or children. However I do question whether she is trustworthy at this point.

Christopher N. Little
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Christopher N. Little
answered on Sep 7, 2024

Good evening,

You ask an excellent question! Yes, you can absolutely hire an attorney to review your Petition for Dissolution of Marriage. Many firms (including mine), offer what are called "limited scope" or "unbundled" services as a resource and advocate from a more...
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1 Answer | Asked in Family Law, Civil Litigation and Domestic Violence for Colorado on
Q: What are my rights if my husband continuously threatens to kick me out of a his friends trailer that we been in for 7mth

My husband and I were evicted 8 months ago and moved into his friends trailer with no water, no elec.and quietly living there can’t use address. My husband got a job making 20/hr and gives the guy $200 a month here lately. But now threatens to kick me out everyday. I would,but I’m shy have... View More

Cindy Perusse
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Cindy Perusse
answered on Sep 6, 2024

Husband can't kick you out of a place he doesn't own and even if he did own it, he can't make you leave your own residence without a court order.

1 Answer | Asked in Estate Planning, Family Law, Tax Law and Probate for Colorado on
Q: Are beneficiaries of a trust entitled to a copy of the trust in Colorado

My father passed away in 2023. He told my sister and I we were beneficiaries to the trust prior to his passing. My step mother, the trustee, refuses to provide us with a copy or show us the trust or any of its contents.

I am not able to find a copy of his will, trust or probate in public records.

James L. Arrasmith
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answered on Aug 5, 2024

In Colorado, beneficiaries of a trust are generally entitled to information about the trust. This includes a copy of the trust document. Your stepmother, as the trustee, has a duty to provide beneficiaries with enough information to protect their interests.

You should request a copy of the...
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1 Answer | Asked in Family Law and Small Claims for Colorado on
Q: is it illegal for my grandmother to open my package and take some?

I (15 year old) have been earning my own money and decided to use this money to buy a variety of items off amazon. I was on a vacation recently when the packages arrived and because my grandmother (legal guardian) was home i explicitly told her to not open them and just leave them in my room. When... View More

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like a frustrating situation you're dealing with. While it might not be illegal for your grandmother to open the packages since she is your legal guardian, it is definitely a breach of trust, especially since you specifically asked her not to open them. As your guardian, she does... View More

1 Answer | Asked in Adoption, Family Law and Immigration Law for Colorado on
Q: I Adopted child from foreign country and planning to apply dual citizen would this matters concerning?

I'm American from naturalization and want to apply dual citizenship. I have adopted child and all the paper works from foreign country was done. im planning to get him and bring him here. right now I applied for dual citizenship (2 weeks from now), if I will file for dual and my adopted son is... View More

James L. Arrasmith
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answered on Jul 18, 2024

Applying for dual citizenship should not directly affect your adopted son's status in the United States. As long as his adoption paperwork is complete and you follow the necessary steps to bring him here, his path to becoming a U.S. citizen or permanent resident should remain intact.... View More

1 Answer | Asked in Real Estate Law, Divorce and Family Law for Colorado on
Q: My ex husband and I were listing a home and last minutes he pulled and moved back in. What rights do I have.

50/50 owned home was sitting empty. Both on loan.

Michael Joseph Larranaga
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answered on Jun 24, 2024

The real question is was the property subject to the division order when you got divorced or not. If not, then you may be able to pursue a partition action to force the sale of the property. If so, then you may need to follow the court's order and follow up with contempt proceedings. Either... View More

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: How do i respond to being served with custody papers from someone who is not on my daughters birth certificate?

My daughters' possible father was in prison for the first year of her life, when he got out it has been nothing but a fight trying to get him to honor any kind of agreement we had made. Given his past I felt he need to show that he wasn't going to go back to his old ways. After finding... View More

John Michael Frick
John Michael Frick
answered on Jun 21, 2024

Ask for a paternity test to determine if he is indeed the father.

2 Answers | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: CPS is involved with my sister’s children. My sister wants to sign custody of her children over to me. Can she do that ?

The youngest child’s father is not involved and never has been and doesn’t want anything to do with his son. The older two children’s Father also will sign custody over to me.

James L. Arrasmith
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answered on Jun 8, 2024

In situations involving Child Protective Services (CPS), the process of transferring custody can be complex. While your sister and the children's fathers may agree to grant you custody, the final decision will likely involve CPS and the court system. Here are a few important points to... View More

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1 Answer | Asked in Civil Litigation, Family Law and International Law for Colorado on
Q: Urgent Legal Advice Needed: Age of Consent and International Dating Regulations

I hope you can assist me with an important legal question that is causing me some concern. As an American citizen currently living abroad, I have started a relationship with a 17-year-old individual from Brazil. Given that the age of consent in Brazil is 14 and in my home state in the U.S. it is... View More

James L. Arrasmith
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answered on Jun 6, 2024

While age of consent laws vary between jurisdictions, engaging in a relationship with someone under 18, especially with a significant age gap, is generally not advisable regardless of location.

I would strongly caution against pursuing a relationship or marriage with a 17-year-old, either...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: There are 2 properties different counties in CO person A moves to the second property, can person A file in new county

How long does person A have to live in new county before filing? Lifelong Colorado resident

Christopher N. Little
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Christopher N. Little
answered on May 30, 2024

Hi there, good questions! As a general rule of thumb, Person A could file in the new county; however, there is always the chance that Person B requests to have the case transferred back to the county they reside in.

The transfer and venue rules are a bit labyrinthine and I would need to...
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: CO divorce If client suffered financial loss due to lawyer’s negligence and lawyer has left firm, is firm liable?
Christopher N. Little
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Christopher N. Little
answered on May 19, 2024

I’m very sorry to hear that this is the position you are in; especially considering the incredible impact that a divorce has on the outcome of the next phase of your life.

As for your question, I would have to know much more about the “behind-the-scenes” administrative side of the...
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Is inheritance money considered marital property if my wife transfers a portion of it each month into joint checking?
Christopher N. Little
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Christopher N. Little
answered on May 14, 2024

Good Afternoon,

You ask an excellent question and one that many a family law attorney has likely spent time arguing in Court. The best answer to your question is that this is likely a helpful fact circumstance for you. One way to think of the doctrine of transmutation or commingling is the...
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1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Colorado on
Q: My ex listed the wrong name of our child and the judge invoked jurisdiction based on the residence of child listed.
Christopher N. Little
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Christopher N. Little
answered on May 14, 2024

Good Afternoon,

From the substance of your question, it looks like you are involved in a legal proceeding concerning your child. Issues related to jurisdiction concerning children are often nuanced. I suggest that you consult with an attorney in the state where the case is at now in order...
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1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for Colorado on
Q: Is due process violated in a CPO that was ex parte and served with less than 3days for out of st hearing

Able service of the temporary restraining only having 3days to find a attorney travel over 1000 miles tried no number to call courts on any paperwork or instructions on how to do anything tried to call multiple times after searching for a day trying to find the number no voice mail to leave... View More

James L. Arrasmith
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answered on May 24, 2024

In your situation, it sounds like you may have grounds to argue that your due process rights were violated. Due process requires that you are given adequate notice and a fair opportunity to be heard before any legal action is taken against you. Being served with an ex parte CPO (Civil Protection... View More

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